The ITO, Ward-2(2), Surat V. Shri Narendra Rajaram Gupta, Surat

ITA 1091/AHD/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 6240 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 10-05-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 14-03-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C PANDIT
• Assessee Lawyers: M K PATEL
• Keywords: Tax effect
• Section: 133A

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE S/SHRI MUKUL SHRAWAT, JM AND D.C.AGRAWAL, AM INCOME-TAX OFFICER, WARD 2(2), SURAT. V/S . SHRI NARENDRA R. GUPTA, SURAT, PROP. OF HIRA MASTAN & HIRA RESTAURANT, SHOP NO.42, ROYAL TRADING TOWER, SALABATPURA, SURAT. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI M. C. PANDIT, SR. D.R. RESPONDENT BY:- SHRI M. K. PATEL, AR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) II, SURAT, DATED 10/1/2007 FOR ASST. YEAR 2 003-04 RAISING FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION O F RS.1,31,452/- BEING THE NET PROFIT OF THE BUSINESS AND RS.15,00,131/- BEING DISCLOSURE OF ADDITIONAL INCOM E ADMITTED DURING THE COURSE OF SURVEY U/S 133A OF THE I.T.ACT . ITA NO. 1091/AHD.2007 ASST. YEAR :2003-04 2 THEREBY, THE LD. CIT(A) HAS ERRED IN EXPRESSING HIS VIEW THAT THE AO OUGHT TO HAVE ACCEPTED THE COMPUTATION OF IN COME FURNISHED BY THE ASSESSEE IN THE RETURN OF INCOME, IN WHICH, THE ASSESSEE HAD SHOWN HIS TOTAL INCOME AT RS.10,96,630 /-. 2. THE RETURN OF INCOME HAS BEEN FILED BY THE ASSESSEE SHOWING TOTAL INCOME OF RS.10,96,630/-. THE INCOME ASSESSED BY TH E AO IS RS.16,13,583/- . THE LD. CIT(A) HAS DELETED THE ADD ITION. THE REVENUE EFFECT IS LESS THAN RS.2 LACS. DEPARTMENT OUGHT NOT HAVE FILED THE APPEAL WHERE THE TAX EFFECT IS BELOW RS.2 LACS.. OUR VIEW IS SUPPORTED BY THE DECISION OF HON. DELHI HIGH COURT IN THE CASE OF CI T VS. MANGLAM RICINUS LTD. (2008) 174 TAXMAN 186 (DEL). AS THE AP PEAL SO FILED IS AGAINST THE EXECUTIVE INSTRUCTIONS WHICH ARE BINDIN G ON THE DEPARTMENT, WE DISMISS THE APPEAL IN LIMINE. 4. IN THE RESULT, THE APPEAL FILED BY THE DEPARTMENT I S DISMISSED. SD/- SD/- (MUKUL SHRAWAT) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, DATED : 14/5/2010 ORDER PRONOUNCED IN OPEN COURT ON 14/5/2010 3 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD